Formal Purchase Methods for Community Nutrition Programs
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Welcome to Formal Purchase Methods for Community
Nutrition Programs Webinar.
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This Webinar is for agencies participating
in the Child and Adult Care Food Program-or
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CACFP-and the Summer Food Service Program-or
SFSP.
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I am Laurie Pennings.
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And I'm Courtney Hardoin.
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We are both Nutritionists in the Education
and Nutrition Policy Unit at the Nutrition
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Services Division or NSD.
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The purpose of this Webinar is to review the
requirements for the formal purchase methods;
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discuss the differences between an Invitation
for Bid, which we will refer to as an IFB
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or bid; and a Request for Proposal, which
we will refer to as an RFP or proposal; and
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to review the components to include in a formal solicitation, including the scoring criteria for and RFP.
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We developed this Webinar for nonprofit and for profit agencies, tribal agencies and government agencies.
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Because the majority of agencies participating
in the CACFP are not required to adhere to
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state laws that pertain to school districts,
this Webinar will not cover those California
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State laws.
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For more information regarding procurement
requirements for school districts, visit the
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Procurement in Child Nutrition Programs Web
page at the Web address listed on this slide.
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Agencies must follow the formal procurement
process when the dollar amount of a purchase
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exceeds the small purchase threshold.
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So, what is the dollar amount for the small
purchase threshold?
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Courtney, the small purchase threshold depends
on the type of agency making the purchase.
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There are three main thresholds: the federal
threshold, the state threshold, and there
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may also be local thresholds.
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Agencies must identify which threshold pertains
to their agency.
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Let's review each one separately.
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The current federal small purchase threshold
is $150,000.
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This means that agencies must follow the formal
purchase procedures if a single purchase transaction
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exceeds this amount.
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The federal small purchase threshold pertains
to private, nonprofit and for-profit agencies,
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and some public agencies.
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This dollar amount may change.
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Agencies should check the Federal Acquisition
Regulation, Part 2, under the definition of
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Simplified Acquisition Threshold at the Web
address listed on this slide if they want
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to be certain of the current dollar amount
for the small purchase threshold.
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School districts and county offices of education
must comply with the CDE small purchase threshold.
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This threshold changes each calendar year
based upon inflation.
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In January 2017, it was set at $88,300.
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After January 1, 2018, agencies that must
adhere to the CDE small purchase threshold
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should check the Web link on this slide for
the current threshold.
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Some agencies must comply with local small purchase thresholds that are set by either
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local governments or by their own agency.
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Agencies must always use the most restrictive applicable small purchase threshold.
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Before we review the different types of formal
solicitations, let's review three critical
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procurement principles. One, free and open
competition; 2 fairness and integrity; and
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3 responsive and responsible vendors.
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We will cover each of these principles separately.
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Free and open competition is important because
it secures the best price for the best quality
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products or services.
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It allows companies to differentiate prices,
services, and innovation.
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Free and open competition ensures a level
playing field.
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It gives the same opportunity for all vendors
to compete.
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It is important that procurement procedures do not unjustifiably restrict or eliminate competition.
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Courtney, can you give examples of procedures
that might restrict competition?
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Yes.
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Agencies must not:
- Place unreasonable requirements on vendors
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in order to qualify.
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For example, requiring vendors to use only
specific vehicles as part of their delivery fleet.
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That would be unreasonably restrictive.
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- Have organizational conflicts of interest.
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This is defined by awarding a contract to
an affiliate or subsidiary of the organization.
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- Or have unnecessary bonding requirements
or require that a vendor have an excessive
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number of years in business.
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These procedures could all restrict competition.
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The following practices promote fairness and
integrity:
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1) Specifications are clearly written and
not too restrictive
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2) Solicitations are publicized to the widest
possible audience
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3) Evaluation criteria are clear and not too
restrictive
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4) An adequate amount of time is given for
vendors to prepare their bids or proposals
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5) The bid opening and evaluations are transparent
6) The entire process is documented, and
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7) Goods identified in the solicitation are procured
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What's meant by goods identified in the solicitation
are procured?
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Let's say for example that an agency's solicitation
estimated they planned to purchase 200 meals
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per day but only requested 50 meals per day
after the contract was awarded.
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This would not be fair to the vendor who gave
a quote based upon 200 meals per day.
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Agencies should demonstrate integrity by their
honest, ethical and sincere business transactions
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with vendors.
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Of course, the expectation is that vendors
also demonstrate fairness and integrity in
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their transactions with agencies.
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It is important to note that federal regulations
do not allow vendors to develop or draft specifications,
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requirements, statements of work, IFBs or
RFPs for the agency.
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Agencies may ask vendors for their specifications
on specific products, but the agency must
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determine the specifications to include in
their solicitation.
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The third principle falls under the category
of responsive and responsible vendors.
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This means awards should only be made to vendors
who are both responsive and responsible.
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Responsive means that the vendor conforms to all material terms and conditions of the solicitation.
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For example, if an agency requires that a
vendor deliver meals daily at noon and the
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vendor can only deliver meals at 11 a.m.,
the vendor would not be able to meet the minimum
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requirement and would therefore be considered unresponsive.
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An agency should reject their bid or proposal
if they cannot meet the terms and conditions
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of the solicitation.
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Courtney, what's meant by responsible?
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Responsible vendors are capable of successfully
performing under the terms and conditions
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of the contract.
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Agencies should consider developing criteria which must be met in order to be considered responsible.
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Can you give some examples?
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Sure. An agency could ask whether the vendor has
had any contracts terminated in the past ten
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years and if so, to explain the circumstances.
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They could also request references from like
agencies, or they could request in the solicitation
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that the vendor submit documents to show they are financially viable or operating in the black.
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If an agency determines that a vendor is not
responsive or responsible, the reasons must
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be documented.
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It's important in the event of an appeal that
agencies have sound criteria and were transparent
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in the solicitation.
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It is important that agencies keep in mind
that they may not disclose confidential information,
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such as scores or pricing in a Request for
Proposal before an award is made.
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Sealed bids should be opened publicly at the
time and date advertised.
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After the bid opening, or after a Request for Proposal is awarded, pricing is public information.
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Now that we've covered the basic principles
of good procurement, let's review the two
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formal purchase methods.
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Agencies must select one of these two methods
when their purchase transactions or their
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contracts exceed the small purchase threshold.
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The first method is called the IFB and the
second is the RFP.
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Listed on this slide are the required steps
for both formal procurement methods, IFB and RFP.
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We will go into detail on each of these steps
later in the Webinar.
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Step 1: Develop the solicitation.
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We will cover the components to include in
the solicitation shortly.
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Step 2: Publicly advertise the solicitation
in a public, widespread publication such as
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the legal notice section of a generally circulated
newspaper or an appropriate trade journal.
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In addition, agencies may post the solicitation
on their Web page.
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Not all vendors would know to look on an agency's
Web page for a solicitation so it must still
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be posted in a widespread publication.
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To save money, agencies can post reference
to the RFP or IFB in a newspaper and refer
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vendors to their Web page for more details.
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In addition to public posting, as a best practice,
many agencies maintain a list of vendors and
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notify them directly when solicitations are
advertised.
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Step 3: Evaluate bids using the criteria established
in the solicitation.
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Step 4: Award the contract to the responsive
and responsible bidder.
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Step 5: Manage the contract to ensure that
the vendor is complying with the terms and
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conditions of the contract. This is an important, but often overlooked step
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Laurie, what components should be included
in an RFP?
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The components of an IFB or RFP may have different
names and be ordered differently, but in general,
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the information in each of these components
should be included.
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It's a good idea to have a cover page that states whether the solicitation is an RFP or an IFB.
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Next, agencies should include an introduction
which documents the name of the agency, a
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brief description of what is being procured,
and an explanation of why the agency is conducting
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the procurement.
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It's best to use clear, simple and concise
language.
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The solicitation must include a timeline or
schedule of events which should clearly state
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when bids or proposals are due, when a contract
will be awarded and note any pre‐solicitation meetings.
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Presolicitation meetings are optional but
provide an opportunity for all interested
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vendors to come talk in person to the agency about the solicitation and obtain clarification if needed.
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The solicitation should include general instructions
for the respondents.
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These instructions outline the rules for bid
or proposal submissions.
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The solicitation should state where and how
to submit the bid or proposal.
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If an agency wants an option to negotiate
the final terms and conditions of submitted
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proposals with the top scoring vendors prior
to the award, this should be clearly stated in the RFP.
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The solicitation should describe the goods
and services you are requesting and should
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clearly outline all requirements which the
potential vendors must fulfill including completion
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of specific forms, signatures on documents,
and/or answers to specific questions.
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The specific terms and conditions of the contract
should be clear as well.
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If there are minimum requirements, these should
be stated too.
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The regulations require that agencies identify all factors to be used in evaluating IFB or RFP proposals.
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In the case of an RFP, the solicitation should
clearly show the relative importance of each
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evaluation criteria to be scored.
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For example, an RFP needs to show the number
of points allocated for each evaluation criteria
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so that a vendor will understand the relative
importance of each scored criteria.
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We will review examples of scoring criteria
for RFPs later in the Webinar.
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To make it easy to compare prices among vendors,
agencies should include a standard form for
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vendors to fill in the blanks.
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This way agencies are comparing apples to
apples.
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For a one-year vended meal bid or proposal,
agencies should request vendors to identify
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the individual price per meal and/or snack
which would then be multiplied by the number
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of meals and snacks estimated annually.
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The total cost for all meals and snacks delivered
for the year would be the contract amount.
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Delivery fees and taxes should be included
in the cost of meals.
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Courtney, when would an agency use an IFB
and when would they use an RFP?
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An IFB is used when there is no substantial
difference among the products or services
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that meet specifications so that the only
difference among responsive bids is price.
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An RFP is used when the product or service
varies from one vendor to another.
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In an RFP, price is only one of the criteria
that is needed for evaluating proposals.
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For example, when an IFB is used for vended
meals, the responsible vendor with the lowest
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price that meets the specifications wins the
award.
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If an agency wants to evaluate the quality
of menus submitted by vendors, they can issue
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an RFP and allocate points to each vendor
for their menus.
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However, the agency should be clear in the
solicitation as to what they desire in the menu.
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Only RFPs allow agencies to score other criteria
besides price.
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Price must be given the highest weight in
the scoring for evaluation, but price is only
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one of the criteria rated.
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Another difference between an IFB and an RFP
is that in the IFB process, the bids are opened
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publicly at a predetermined time and date.
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All vendors are invited to attend the bid
opening but they are not required to attend.
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In an IFB, there is no negotiation of price
or terms.
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The vendor with the lowest priced bid that
meets the specifications and is considered
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responsive and responsible will be awarded
the contract.
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In an RFP, negotiation of both price and other
criteria can take place prior to the award.
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The IFB process will always result in a fixed-price
contract.
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The RFP process will always result in either
a fixed-price contract or a cost-reimbursement
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type contract.
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Please note that cost reimbursement type contracts
are not allowable in the SFSP and cost plus
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percentage contracts are not allowable from either an RFP or an IFB for both the CACFP and the SFSP.
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SFSP regulations currently require vendors that submit a bid over $150,000 to submit a bid bond.
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A bid bond serves to protect the agency as
guarantee to the agency that the vendor will
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execute the contract as awarded.
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The bid bond is subject to full or partial
forfeiture if the awarded contractor fails
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to execute the contract or provide the required
performance bonds.
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A performance bond is required when a contract
over $150,000 is awarded.
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A performance bond is a surety bond issued
by an insurance company or a bank to guarantee
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satisfactory completion of a contract.
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CACFP regulations do not require vendors to
obtain bid or performance bonds.
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A bid opening is the stage in the bidding
process where sealed bids are publically opened
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and examined by the agency.
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Currently, SFSP regulations require the presence
of a State agency representative at SFSP bid
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openings when agencies are expected to receive
over $150,000 in Program payments.
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The state representative may attend either
in person or electronically, such as a WebEx Meeting
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SFSP agencies must notify the CDE a minimum
of 14 days in advance of the time and place
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of the bid opening as CDE staff are required to attend.
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Currently, SFSP regulations require agencies
to submit all bids totaling over $150,000
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to the CDE for approval before the agency
can award a contract.
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The NSD requests agencies submit bid documents
ten business days in advance of the proposed
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award date to their program specialist.
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If an agency desires to award a bid to a vendor
that did not submit the lowest bid, they must
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include justification when submitting their
bid documents to the CDE for approval.
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Courtney mentioned earlier that RFPs will have scoring criteria. This is unique to the RFP.
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The regulations require that the solicitation
identify all evaluation criteria and their
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relative importance.
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Agencies can assign a point value, percentage,
or establish some sort of scoring system for
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each factor they want to evaluate.
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There is no prescribed maximum evaluation
points.
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00:17:32,980 --> 00:17:39,100
While cost must be the highest weighted factor,
it does not need to total more than half the points.
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00:17:39,190 --> 00:17:43,780
We will review an example of scoring criteria
soon.
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00:17:43,780 --> 00:17:48,300
What about taste testing. How would that work in an RFP?
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00:17:48,420 --> 00:17:55,860
Agencies can require vendors to provide sample
menu items for children or adults to taste
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00:17:55,860 --> 00:17:56,30
to determine acceptability.
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00:17:56,30 --> 00:18:00,250
The results of the taste test would lead to
a score.
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00:18:00,250 --> 00:18:07,630
If taste testing is included as a scored criteria,
the RFP needs to include sufficient detail
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00:18:07,630 --> 00:18:12,300
to ensure vendors know what to bring where
and the name and phone number of a contact person.
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00:18:12,340 --> 00:18:17,480
The agency should also include in the solicitation
the process the agency will use to evaluate
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00:18:17,480 --> 00:18:19,790
the menu items.
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00:18:19,790 --> 00:18:27,200
For example, children may be asked to circle either a face with a smile or a frown after tasting an item.
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Can an agency conduct taste testing with an IFB?
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00:18:32,30 --> 00:18:38,890
Yes, The agency could state in its minimum requirements, that vendors must meet a specific
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00:18:38,890 --> 00:18:43,580
threshold to pass a taste test or their bid will not
be considered.
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00:18:43,580 --> 00:18:47,170
For example, the solicitation could state
that the taste test will be held four weeks
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before the bid opening.
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00:18:49,720 --> 00:18:54,650
Those vendors that do not pass the taste test
would be notified that they did not meet the
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minimum requirements to be considered for an award.
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00:18:57,120 --> 00:19:03,240
For example, an agency could say that 85 percent
of children tasting the menu items must circle
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a face with a smile in order to pass.
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00:19:06,90 --> 00:19:11,650
In this context, the vendor would either pass
or fail the taste test.
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00:19:11,650 --> 00:19:15,410
Rather than choosing a vendor based on scoring
criteria, the vendors that do not pass the
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00:19:15,410 --> 00:19:20,880
taste test would not move forward and be considered
for an award.
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00:19:20,880 --> 00:19:25,100
The award would be made to the vendor who
passed the minimum requirements, who was responsive
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00:19:25,100 --> 00:19:28,210
and responsible, and had the lowest price.
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00:19:28,210 --> 00:19:35,20
Here is an example of scoring criteria that
might be used in an RFP.
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00:19:35,20 --> 00:19:39,50
In this example, the menu is worth 25 points.
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00:19:39,50 --> 00:19:44,40
In the solicitation, it should be clear what
the agency desires in a menu.
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00:19:44,40 --> 00:19:48,270
In addition to meeting the meal pattern, does
the agency desire whole grains, fresh fruits
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00:19:48,270 --> 00:19:54,840
and vegetables, hot menu items, culturally
appropriate for the population of children
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00:19:54,840 --> 00:19:55,309
at the preschool?
250
00:19:55,309 --> 00:20:00,920
Keep in mind that if culturally appropriate
menu items are used for scoring criteria,
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00:20:00,920 --> 00:20:05,670
the solicitation should include a description
of what the agency means by culturally appropriate.
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00:20:05,670 --> 00:20:10,290
In this example, the results of the taste
test will yield a score of up to 20 points.
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00:20:10,290 --> 00:20:16,580
Before the taste test is conducted, agencies
should determine how they will develop scores
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00:20:16,580 --> 00:20:19,240
based on the response of the children and/or adults.
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00:20:19,240 --> 00:20:26,700
This example shows that they will give up to 20 points for the experience of the agency and references.
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00:20:26,790 --> 00:20:31,850
Again, agencies must determine prior to the
solicitation, how experience and references
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00:20:31,850 --> 00:20:32,430
will be scored.
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00:20:32,430 --> 00:20:36,70
The last item in this example to be scored
is cost.
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00:20:36,70 --> 00:20:42,799
Agencies will need to compare the costs of
all proposals in order to determine points.
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00:20:42,799 --> 00:20:46,750
One way to allocate points for cost is to
give the vendor with the lowest price the
261
00:20:46,750 --> 00:20:47,790
full amount of points.
262
00:20:47,790 --> 00:20:50,220
In this example, they would receive 35 points.
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00:20:50,220 --> 00:20:55,400
The vendors should be scored in comparison
to the lowest price vendor.
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00:20:55,400 --> 00:21:04,600
For example, let's say that vendor A's proposal totals $160,000 and vendor B's proposal is $170,000.
265
00:21:04,670 --> 00:21:10,840
vendor B's proposal is 6 percent higher than
vendor A's proposal; therefore, it might make
266
00:21:10,840 --> 00:21:17,930
sense to give them 6 percent less points which
would be 32.9 or rounded up to 33 points.
267
00:21:17,930 --> 00:21:24,770
If vendor C's proposal was $180,000 this is
11 percent higher; therefore, the vendor might
268
00:21:24,770 --> 00:21:29,240
be given 30.8 points or rounded up to 31 points.
269
00:21:29,240 --> 00:21:35,690
Agencies must clearly identify all evaluation
criteria and their relative importance.
270
00:21:35,690 --> 00:21:37,620
Cost must be the highest weighted factor.
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00:21:37,620 --> 00:21:43,70
Other than that, there are no regulations
for determining which criteria to be scored
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00:21:43,70 --> 00:21:46,60
or the scoring method.
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00:21:46,60 --> 00:21:49,260
Laurie, I'm hearing a lot about purchasing
and serving local foods lately.
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00:21:49,260 --> 00:21:56,100
What foods are considered local foods and how can local foods be considered in either an IFB or an RFP?
275
00:21:56,490 --> 00:21:58,120
Those are great questions.
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00:21:58,120 --> 00:22:03,840
Agencies should develop their own definition
of what local means to them based upon the
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00:22:03,840 --> 00:22:07,820
abundance or lack of abundance of farms and
producers in their area.
278
00:22:07,820 --> 00:22:12,400
In addition, different food items could have
their own definition of local as well.
279
00:22:12,400 --> 00:22:18,690
For example, avocados are typically grown
in southern California, therefore an agency
280
00:22:18,690 --> 00:22:23,49
in northern California may consider avocados
grown within the State to be local.
281
00:22:23,49 --> 00:22:26,500
Let's say that same agency has several ranches
in their county.
282
00:22:26,500 --> 00:22:29,390
They may consider local beef to be within
their county.
283
00:22:29,390 --> 00:22:36,90
Some agencies consider the definition of local
to be within a certain radius of their center.
284
00:22:36,90 --> 00:22:42,400
It's up to agencies to define what local means
to them.
285
00:22:42,400 --> 00:22:48,720
Can agencies require vendors to purchase local
foods in their menus?
286
00:22:48,720 --> 00:22:53,990
Agencies may not include a specification that
requires food to be locally grown or produced
287
00:22:53,990 --> 00:22:59,670
within a specific radius because it is seen
as limiting competition.
288
00:22:59,670 --> 00:23:05,960
Agencies may however, give a geographic preference
for unprocessed agricultural products, both
289
00:23:05,960 --> 00:23:08,530
locally grown and raised.
290
00:23:08,530 --> 00:23:15,60
What food handling methods are allowed for
an agricultural product to be considered unprocessed?
291
00:23:15,60 --> 00:23:19,950
After handling, the products must retain their
inherent character.
292
00:23:19,950 --> 00:23:24,880
All of the food handling and preservation
techniques listed on this slide are not considered
293
00:23:24,880 --> 00:23:29,519
to change a product's inherent character and
thus are allowable.
294
00:23:29,519 --> 00:23:31,929
- Washing
- Refrigerating or freezing
295
00:23:31,929 --> 00:23:35,0
- Peeling, slicing, dicing, cutting
- Chopping, shucking, grinding
296
00:23:35,0 --> 00:23:39,300
- Forming ground products into patties without
additives or fillers
297
00:23:39,300 --> 00:23:42,320
- Drying or dehydration
- Packaging
298
00:23:42,320 --> 00:23:48,179
- Vacuum packing and bagging
- Adding ascorbic acid or other preservatives
299
00:23:48,179 --> 00:23:52,80
to prevent oxidation
- Butchering livestock and poultry
300
00:23:52,80 --> 00:23:57,669
- Cleaning fish
- Pasteurizing milk
301
00:23:57,669 --> 00:24:05,110
Heating and canning, however, are not allowed
under the geographic preference option.
302
00:24:05,110 --> 00:24:10,850
Now I understand which foods can be included
in the geographic preference option.
303
00:24:10,850 --> 00:24:16,740
How would an agency give a geographic preference
in either an IFB or an RFP?
304
00:24:16,740 --> 00:24:19,600
Here are the steps
1) Define local.
305
00:24:19,600 --> 00:24:24,650
2) Determine what type of procurement method
to use, either an IFB or an RFP.
306
00:24:24,650 --> 00:24:27,990
3) Decide how much preference local products
will receive.
307
00:24:27,990 --> 00:24:33,919
4) Ensure the solicitation is clear how the
preference will be applied.
308
00:24:33,919 --> 00:24:39,310
Here are two examples for including geographic
preference on this slide.
309
00:24:39,310 --> 00:24:45,610
The criteria states ". . .each month a different
locally grown fruit or vegetable is highlighted
310
00:24:45,610 --> 00:24:47,20
and repeated in different forms on the menu."
311
00:24:47,20 --> 00:24:51,940
If a vendor can comply with this criteria,
they would get five points.
312
00:24:51,940 --> 00:24:58,500
This is a great idea not only for serving local foods but for educating children about local foods.
313
00:24:58,500 --> 00:25:03,930
The second criteria is that at least 50 percent
of produce on the menu is locally grown.
314
00:25:03,930 --> 00:25:09,340
The term local is allowed to be included in
the scoring criteria because it is not a requirement.
315
00:25:09,340 --> 00:25:14,950
The agency is giving a preference for locally
grown produce.
316
00:25:14,950 --> 00:25:21,100
Here is another example of how an agency can
use the geographic preference option when
317
00:25:21,100 --> 00:25:23,730
scoring an RFP.
318
00:25:23,730 --> 00:25:28,190
A vendor could receive 20 points if 76 to
100 percent of the produce was locally grown,
319
00:25:28,190 --> 00:25:38,200
15 points if 51 to 75 percent is local, 10 points for 26 to 50 percent, and 5 points for 0 to 25 percent.
320
00:25:38,420 --> 00:25:45,41
Remember, these additional points must be
clearly identified in the solicitation.
321
00:25:45,41 --> 00:25:49,169
The geographic preference option can also
be used when following the IFB process.
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00:25:49,169 --> 00:25:57,770
Because the IFB awards are based upon price,
and not points, agencies may reduce the bid
323
00:25:57,770 --> 00:26:02,10
price if the geographic preference option
can be met by the vendor.
324
00:26:02,10 --> 00:26:07,260
The amount a bid is reduced for meeting the
geographic preference option would be determined
325
00:26:07,260 --> 00:26:09,580
by the agency.
326
00:26:09,580 --> 00:26:11,210
Here's an example.
327
00:26:11,210 --> 00:26:16,470
In this solicitation, the agency clearly stated
that thirty cents will be subtracted from
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00:26:16,470 --> 00:26:21,310
the bid price for vendors that meet the geographic
preference option.
329
00:26:21,310 --> 00:26:26,120
The agency provided a clear definition of
local and clearly stated the percentage of
330
00:26:26,120 --> 00:26:30,200
produce in the menu that would need to be
met to get this price reduction.
331
00:26:30,200 --> 00:26:35,20
In this scenario, three vendors submitted
bids.
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00:26:35,20 --> 00:26:40,570
Only Vendor A stated they were able to meet
the criteria for the price reduction.
333
00:26:40,570 --> 00:26:48,20
Even though Vendor A submitted the highest
bid, $3.35, their bid was reduced by 30 cents
334
00:26:48,20 --> 00:26:51,490
making them the vendor with the lowest price.
335
00:26:51,490 --> 00:26:54,160
Vendor A would be awarded the contract.
336
00:26:54,160 --> 00:27:00,540
Keep in mind, the amount paid to Vendor A
for meals would be $3.35.
337
00:27:00,540 --> 00:27:05,809
The reduction in price was only to give them
an advantage for using local foods.
338
00:27:05,809 --> 00:27:11,530
Agencies should be aware that obtaining local
foods may cost more when using the geographic
339
00:27:11,530 --> 00:27:13,540
preference option.
340
00:27:13,540 --> 00:27:16,800
The price reduction should be carefully considered.
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00:27:16,800 --> 00:27:22,930
Courtney, now that we've covered how to use
the geographic preference option, let's discuss
342
00:27:22,930 --> 00:27:27,960
what agencies should do if they only receive
one response to their solicitation.
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00:27:27,960 --> 00:27:29,240
Can they award a contract to that vendor?
344
00:27:29,240 --> 00:27:35,679
That's a good question Laurie and sometimes
agencies do receive only one response.
345
00:27:35,679 --> 00:27:40,240
In this case, the regulations state a noncompetitive
procurement can be awarded if competition
346
00:27:40,240 --> 00:27:41,240
is deemed inadequate.
347
00:27:41,240 --> 00:27:48,100
Here are some questions agencies should ask
themselves if only one bid or proposal was received.
348
00:27:48,160 --> 00:27:52,870
- Was the advertisement placed in an appropriate
publication?
349
00:27:52,870 --> 00:27:56,669
- Are there an adequate number of available
vendors in the area?
350
00:27:56,669 --> 00:27:59,880
- Are several vendors able to meet the specifications?
351
00:27:59,880 --> 00:28:02,200
If not, are the specifications too restrictive?
352
00:28:02,200 --> 00:28:05,840
- And were vendors given enough time to submit a bid?
353
00:28:05,840 --> 00:28:10,960
If it is determined that the solicitation
was too narrow, or not enough time was given
354
00:28:10,960 --> 00:28:14,120
for the solicitation, the agency must publicly
advertise the solicitation again.
355
00:28:14,120 --> 00:28:22,990
Let's say that an agency receives several
responses to a solicitation for RFPs.
356
00:28:22,990 --> 00:28:25,110
Let's discuss scoring the proposals.
357
00:28:25,110 --> 00:28:30,10
While not required, it's a good idea for the
scoring of the submitted proposals to be done
358
00:28:30,10 --> 00:28:36,530
by several people independently to avoid the
perception of bias towards one vendor.
359
00:28:36,530 --> 00:28:41,190
First, agencies should review any minimum
requirements to ensure the vendors are considered
360
00:28:41,190 --> 00:28:43,660
responsive and responsible.
361
00:28:43,660 --> 00:28:48,360
Total the points for the technical criteria,
then rank proposals.
362
00:28:48,360 --> 00:28:55,900
At this point, agencies should know which proposals score highest based on everything but cost.
363
00:28:55,970 --> 00:29:00,920
This is when negotiation can begin.
364
00:29:00,920 --> 00:29:04,360
After the deadline has passed, agencies may
negotiate prices and services or the technical
365
00:29:04,360 --> 00:29:07,950
criteria with the top scoring vendors.
366
00:29:07,950 --> 00:29:13,669
Agencies are not required to conduct negotiations
but it is in their best interest.
367
00:29:13,669 --> 00:29:17,900
Remember during the negotiation process, confidentiality must be maintained.
368
00:29:17,900 --> 00:29:23,669
You may not discuss either the technical aspects
or price with vendors competing for your business.
369
00:29:23,669 --> 00:29:29,800
Agencies must be careful to avoid biased or
preferential treatment during the negotiation period.
370
00:29:29,70 --> 00:29:35,929
The top scoring vendors must be treated equitably
throughout the negotiation process.
371
00:29:35,929 --> 00:29:40,960
When you say agencies may conduct negotiations
with the bidders that submitted the top ranked
372
00:29:40,960 --> 00:29:43,0
technical proposals, what do you mean?
373
00:29:43,0 --> 00:29:47,270
The reviewers should total the scores for
all criteria except for cost.
374
00:29:47,270 --> 00:29:52,0
Then they can choose to negotiate with the
vendors that scored the highest for everything but cost.
375
00:29:53,820 --> 00:29:57,830
The agency can ask the vendor whether they
can change their proposal to better meet the
376
00:29:57,830 --> 00:29:58,350
agency's need.
377
00:29:58,350 --> 00:30:04,570
For example, let's say a vendor put in their
proposal that they need 48 hours advance notice
378
00:30:04,570 --> 00:30:08,900
for a change in number of meals delivered
but it would better meet the agency's need
379
00:30:08,900 --> 00:30:11,610
to give only 24 hours advance notice.
380
00:30:11,610 --> 00:30:14,230
An agency could ask the vendor whether they
would be willing to change their deadline
381
00:30:14,230 --> 00:30:22,700
for changes to the number of meals delivered from 48 hours advance notice to 24 hours advance notice.
382
00:30:22,770 --> 00:30:27,100
Keep in mind, the agency must give all the
top scoring bidders the same opportunity to negotiate.
383
00:30:28,40 --> 00:30:35,0
At the end of the negotiation, ensure the
technical proposals will fully meet the agency's needs.
384
00:30:35,30 --> 00:30:41,30
Here is an example of how to determine which
vendors to select for negotiation.
385
00:30:41,30 --> 00:30:49,0
In this scenario, three vendor's technical proposals were scored independently by three evaluators.
386
00:30:49,270 --> 00:30:54,450
Evaluator A gave Vendor A's technical proposal
63 points.
387
00:30:54,450 --> 00:31:02,80
Evaluator B gave Vendor A 58 points, and Evaluator
C gave Vendor A's technical proposal 55 points.
388
00:31:02,80 --> 00:31:09,80
When adding the points of all evaluators together,
Vendor A ended up with 176 points.
389
00:31:09,80 --> 00:31:16,700
Vendor B received 128 points and Vendor C
received 184 points.
390
00:31:16,700 --> 00:31:21,549
Given Vendor A and Vendor C's scores were
within ten points of each other, and Vendor
391
00:31:21,549 --> 00:31:26,470
B's points were dramatically lower, the agency
could choose to negotiate only with Vendor
392
00:31:26,470 --> 00:31:31,930
A and C. Vendor B would no longer be in the running.
393
00:31:31,930 --> 00:31:36,179
Can you give an example of something that
might be negotiated?
394
00:31:36,179 --> 00:31:40,340
Let's say for example that the agency was
really pleased with vendor A's references
395
00:31:40,340 --> 00:31:45,110
and experience but their menus were scored
a little low because they lacked a variety
396
00:31:45,110 --> 00:31:47,330
of fresh fruits and vegetables.
397
00:31:47,330 --> 00:31:52,260
The agency could contact Vendor A and ask
them whether they could include more variety
398
00:31:52,260 --> 00:31:55,260
of fresh fruits and vegetables in their menus.
399
00:31:55,260 --> 00:32:00,290
For Vendor C, they also were pleased with
their references and experience but their
400
00:32:00,290 --> 00:32:05,840
menu could have received a higher score if
they included some hot menu items.
401
00:32:05,840 --> 00:32:11,990
The agency could contact Vendor A and C and
negotiate menus that were more advantageous
402
00:32:11,990 --> 00:32:13,90
for the agency.
403
00:32:13,90 --> 00:32:19,700
After negotiation, each of the top scoring
vendors would submit their best and final offer.
404
00:32:19,30 --> 00:32:26,550
Keep in mind, as you negotiate a higher quality
menu, the cost per meal could increase.
405
00:32:26,550 --> 00:32:31,100
Whichever method you select, ensure that you
are clear in your RFP, how you will identify
406
00:32:31,100 --> 00:32:38,230
the top scoring vendors for negotiation and
that a best and final offer will be allowed.
407
00:32:38,230 --> 00:32:44,400
Once the agency is satisfied that the top
scoring proposals would fully meet its technical
408
00:32:44,400 --> 00:32:49,290
needs, the agency would open the bidders'
cost proposal, and permit the vendors to amend
409
00:32:49,290 --> 00:32:56,500
their cost proposals to reflect any changes
resulting from the technical proposal negotiation phase.
410
00:32:56,500 --> 00:32:59,380
You can request that the cost proposal be
submitted in a separate envelope from the
411
00:32:59,380 --> 00:33:02,210
technical proposal but it is not required.
412
00:33:02,210 --> 00:33:07,990
It is important to note that even though the
technical criteria can be modified through
413
00:33:07,990 --> 00:33:13,720
negotiations with the vendor, it cannot materially
change the nature of the RFP.
414
00:33:13,720 --> 00:33:17,370
For example, if a vendor tells you in their
technical proposal that they will bring farm
415
00:33:17,370 --> 00:33:23,600
animals and local produce for a special farm
to summer event, yet this was not requested
416
00:33:23,600 --> 00:33:29,100
in the solicitation, agencies cannot consider this service or score the proposal higher because of it.
417
00:33:29,130 --> 00:33:34,690
This would be considered a material change
because the vendor's would have bid differently
418
00:33:34,690 --> 00:33:36,820
had they known this requirement.
419
00:33:36,820 --> 00:33:39,440
It is also not fair to the other vendors who
may have included this service had they known
420
00:33:39,440 --> 00:33:41,90
it was part of the solicitation.
421
00:33:41,90 --> 00:33:46,960
Remember, to ensure open and fair competition.
422
00:33:46,960 --> 00:33:52,900
When negotiating costs, some of the bidders
may wish to modify their technical proposals again.
423
00:33:52,950 --> 00:33:57,140
This is acceptable, if the RFP made clear
to all bidders that this is permitted.
424
00:33:57,140 --> 00:34:01,39
The agency would need to re-rank the technical proposals.
425
00:34:01,39 --> 00:34:06,809
After all negotiations and modifications have
been completed, each remaining bidder will
426
00:34:06,809 --> 00:34:11,990
submit a best and final offer.
427
00:34:11,990 --> 00:34:17,39
The agency needs to review the technical proposals
within each "best and final offer" first,
428
00:34:17,39 --> 00:34:20,489
to ensure that each of them still fully meets
the agency's needs.
429
00:34:20,489 --> 00:34:27,979
Remember, it is critical that the specifications
and criteria contained in the RFP are well-thought-out
430
00:34:27,979 --> 00:34:29,879
and well-written.
431
00:34:29,879 --> 00:34:32,409
Agencies should award contracts on the basis
of the best overall value.
432
00:34:32,409 --> 00:34:38,919
As mentioned in the previous slide, decisions
cannot be based on additional services or
433
00:34:38,919 --> 00:34:42,219
products vendors are willing to provide but
were not part of the solicitation.
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00:34:42,219 --> 00:34:47,200
We have covered a lot of information. Let's recap:
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Laurie, who gets awarded the contract?
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In an IFB, the responsible and responsive
vendor with the lowest price wins the award.
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00:34:56,879 --> 00:35:02,119
In an RFP, the responsible and responsive
vendor with the highest score wins the award.
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Remember, in an RFP, even though criteria
other than price is considered, price must
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be the highest weighted factor.
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Once a contract is signed and in place, it's
easy to feel relieved that the workload involved
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in finding a vendor is over.
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However, agencies should remember the workload
of monitoring contracts has just begun and
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is vitally important.
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00:35:26,309 --> 00:35:31,640
Courtney, what should an agency do if the
vendor is not complying with terms and conditions
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of the contract?
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Let's say they are repeatedly late with deliveries,
and send meals that are not compliant with
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the meal pattern.
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00:35:38,599 --> 00:35:43,540
First, language in the contract should stipulate
that they will not pay for meals that do not
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00:35:43,540 --> 00:35:47,559
meet the meal pattern or if they arrive late
with their deliveries.
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00:35:47,559 --> 00:35:51,170
Additional penalties or restrictions for failures
to adequately perform as contracted should
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00:35:51,170 --> 00:35:54,630
be included at the agency's discretion.
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00:35:54,630 --> 00:35:58,559
The contract language should clearly state
that contracts with vendors who are unable
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00:35:58,559 --> 00:36:00,160
to perform successfully may be terminated.
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00:36:00,160 --> 00:36:05,380
Agencies must maintain written documentation
to show how the terms and conditions of the
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00:36:05,380 --> 00:36:13,979
contract were not met and all communication
should be in writing.
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00:36:13,979 --> 00:36:18,79
We have finished covering the formal purchase
methods which involve competitive procurement.
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00:36:18,79 --> 00:36:23,420
The regulations do allow procurement by noncompetitive proposals under four circumstances.
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00:36:23,420 --> 00:36:28,979
At least one of the following four scenarios
must be met:
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00:36:28,979 --> 00:36:33,819
The first scenario is after solicitation,
competition is inadequate.
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00:36:33,819 --> 00:36:39,29
As we mentioned earlier, it's possible that
an agency has followed all the required procurement
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00:36:39,29 --> 00:36:44,79
procedures and only one vendor is responsive
and responsible.
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00:36:44,79 --> 00:36:49,700
The second scenario is when the item is only
available from one source.
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00:36:49,700 --> 00:36:54,329
The third scenario is when a urgent public
need or public emergency, such as an earthquake,
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00:36:54,329 --> 00:36:59,819
will not permit a delay to go through the
proper procurement process
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00:36:59,819 --> 00:37:06,100
The fourth scenario is when an agency has submitted a request to the CDE and has received approval.
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00:37:06,130 --> 00:37:11,510
Program operators are strongly encouraged
to contact their program specialist if they
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00:37:11,510 --> 00:37:15,529
have a noncompetitive or sole source situation.
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00:37:15,529 --> 00:37:19,420
Failure to adequately follow procurement guidelines
and requirements related to sole source or
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00:37:19,420 --> 00:37:24,989
noncompetitive procurement may result in financial
findings against an agency.
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00:37:24,989 --> 00:37:32,369
This concludes the Formal Purchase Methods
for Community Nutrition Programs Webinar.
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00:37:32,369 --> 00:37:38,779
Please note that the NSD has posted two additional
procurement Webinars for Community Nutrition
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00:37:38,779 --> 00:37:40,640
Programs on YouTube.
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00:37:40,640 --> 00:37:44,359
The Informal Purchase Methods Webinar covers
the requirements for purchases under the small
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00:37:44,359 --> 00:37:46,900
purchase threshold.
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00:37:46,900 --> 00:37:51,650
The Code of Conduct and Procurement Standards
Webinar describes how agencies can develop
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00:37:51,650 --> 00:37:55,690
a code of conduct and reviews the federal
procurement standards.
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00:37:55,690 --> 00:38:00,780
For additional procurement information, visit the CDE Procurement in Child Nutrition Program's Web page.
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00:38:02,710 --> 00:38:11,520
If you have questions after reviewing the
NSD Procurement Web page, please contact your
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00:38:11,520 --> 00:38:12,520
program specialist.
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00:38:12,520 --> 00:38:18,460
To find your CACFP specialist, type in the
URL listed on this slide, or contact the NSD
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00:38:18,460 --> 00:38:23,969
or SFSP at the listed phone numbers and e-mail address.
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00:38:23,969 --> 00:38:29,600
Your specialist is here to assist you with ensuring you are meeting the federal procurement standards.
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00:38:30,839 --> 00:38:34,359
You can print up a certificate of completion
for this Webinar by accessing the link on
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00:38:34,359 --> 00:38:36,789
your slide.
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00:38:36,789 --> 00:38:41,0
Keep this certificate on file as you may be
asked to show it during an administrative review.
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00:38:41,9 --> 00:38:43,509
Thank you for listening in today!
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00:38:43,509 --> 00:38:46,900
This institution is an equal opportunity provider.
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